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DHS 110.54 History History: CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.
DHS 110.55 DHS 110.55 Warning letter. The department may issue a warning letter to a licensee, permit holder, or certificate holder if the department finds that the person has committed a minor, first-time violation of a requirement of this chapter or ch. 256, Stats., or a minor, first-time violation identified in s. DHS 110.54. The department shall retain a copy of the warning letter in the person's file and may consider it in determining what enforcement action is appropriate if the person commits subsequent violations. The department shall post a copy or a summary of the warning letter, which does not identify the recipient of the letter, on the department's EMS website. The department's issuance of a warning letter is a final decision of the department and is not subject to an administrative hearing.
DHS 110.55 History History: CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11.
DHS 110.56 DHS 110.56 Reprimand. The department may reprimand a licensee, permit holder, or certificate holder if the department finds that the person has violated a requirement of this chapter or ch. 256, Stats., or engaged in conduct described in s. DHS 110.54. A reprimand documents the department's finding that the permittee, certificate holder or licensee has violated a requirement of this chapter or ch. 256, Stats., or has engaged in conduct described in s. DHS 110.54. A reprimand may be in the form of a letter issued to the person who is the subject of the reprimand or a written stipulation between the person and the department. Before issuing a reprimand, the department shall give the person an opportunity to submit information relevant to the conduct the department believes constitutes a violation. The department shall retain a copy of the reprimand in the person's file and may consider the reprimand in determining what enforcement action is appropriate if the person commits subsequent violations. The department shall post the reprimand, identifying the violator and describing the violation, on the department's EMS website. The department's issuance of a reprimand is a final decision of the department and is not subject to an administrative hearing.
DHS 110.56 History History: CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11.
DHS 110.57 DHS 110.57 Summary suspension of a license, permit or certification.
DHS 110.57(1) (1) The department may summarily suspend a license, permit, or certification if the department has probable cause to believe that the licensee, permit holder, or certificate holder has violated a provision of this chapter or ch. 256, Stats., has engaged in conduct described in s. DHS 110.54, or has engaged in or is likely to engage in other conduct, such that public health, safety or welfare imperatively requires emergency action. A summary suspension order is effective upon issuance, requires the immediate cessation of all activity authorized by the license, certification, or permit, and continues through the date of a final decision and order issued in an enforcement action based on the violation, unless the license, permit or certification is restored under sub. (4) (d).
DHS 110.57(2) (2) An order for summary suspension may be issued orally or in writing. If the order is issued orally, the department shall send written notice of the order to the person who is subject to the order within 48 hours after the issuance of the order. The department may serve a written order or notice of order by e-mail to the person's e-mail address on file with the department, or by regular mail, certified mail or personal service delivered to the person's address on file with the department. Receipt of an order or notice sent by e-mail is presumed at the time of transmission. Receipt of an order or notice sent by regular mail is presumed within 5 days of the date the notice was mailed.
DHS 110.57(3) (3) The summary suspension order shall include all of the following:
DHS 110.57(3)(a) (a) A finding that public health, safety or welfare imperatively requires emergency suspension of the license, permit, or certification.
DHS 110.57(3)(b) (b) A statement that the suspension order is in effect and continues until the effective date of a final order and decision in an enforcement action against the person who is the subject of the order.
DHS 110.57(3)(c) (c) Notification of the right under sub. (4) to request a hearing to show cause why the summary suspension order should not be continued.
DHS 110.57(4)(a)(a) A person subject to a summary suspension order may request a hearing to show cause why the summary suspension should not be continued by filing a written request for a hearing with the division of hearings and appeals, as provided under s. DHS 110.59, within 30 days after the date of the written order or notice of order.
DHS 110.57(4)(b) (b) A hearing shall be held within 30 days of the date on which the hearing request is filed with the division of hearings and appeals, unless the person requests or agrees to a later time.
DHS 110.57(4)(c) (c) The sole issue for hearing shall be whether the suspension shall remain in effect pending the conclusion of the department's investigation and any enforcement action based on the investigation.
DHS 110.57(4)(d) (d) The hearing examiner shall issue a decision within 10 days after the hearing. If it is determined that summary suspension should not be continued, the license, certification, or permit shall be immediately restored.
DHS 110.57(5) (5) The department shall commence and prosecute an enforcement action under s. DHS 110.58 with reasonable promptness and without undue delay in light of all the circumstances of the case and the time required to complete an appropriate investigation into all the facts of the case and determine the proper enforcement action.
DHS 110.57 History History: CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11; (4) (title) removed under s. 13.92 (4) (b) 2., Stats., Register December 2010 No. 660.
DHS 110.58 DHS 110.58 Denial, refusal to renew, conditional issuance, issuance with limitation, suspension, revocation.
DHS 110.58(1)(1) The department may deny, refuse to renew, limit, condition, suspend or revoke a license, permit, or certification, for any reason under s. DHS 110.54, if the department gives written notice of the reasons for the proposed action and the right to a hearing to appeal the action under s. DHS 110.59.
DHS 110.58(2) (2) The department may limit the actions a person would otherwise be authorized to perform under a certification, permit or license by issuing an order to an emergency medical services provider or to an individual emergency medical services professional and to the emergency medical service provider with whom the individual is credentialed. An order limiting a certification or license takes effect immediately upon issuance.
DHS 110.58(3) (3) The department may condition the issuance or continuance of a certification, permit, or license upon the satisfactory compliance by the person holding the certificate, permit or license of specified requirements. A conditional permit, certification or license is effective upon issuance.
DHS 110.58(4) (4) The department's denial of an application for an initial permit, certification or license is effective upon issuance.
DHS 110.58(5) (5) A refusal to renew in response to a timely and sufficient application for renewal, a suspension or a revocation of a permit, certification, or license is effective 30 days after issuance of the department's order, unless the department summarily suspends the permit, certification or license, or the permittee, certificate holder, or licensee files a timely appeal of the department's action. If the department does not issue a summary suspension order and a timely appeal is filed, the department's action is not effective unless and until a final administrative decision authorizing the action is issued.
DHS 110.58(6) (6) A revocation shall be for a minimum of two years.
DHS 110.58(7) (7) If the department denies an application, the person may not apply again for one year.
DHS 110.58(8) (8) The department may enter into an agreement with the person who is the subject of an enforcement action that stipulates the terms and conditions of the enforcement action.
DHS 110.58 History History: CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11.
DHS 110.59 DHS 110.59 Appeals.
DHS 110.59(1)(1) Right to appeal. An enforcement action taken by the department under s. DHS 110.57 or 110.58 is subject to review under ch. 227, Stats. To request a hearing under ch. 227, Stats., an aggrieved person shall submit a written request to the department of administration's division of hearings and appeals within 30 calendar days after the date of the department's action.
DHS 110.59(2) (2)Appeal process.
DHS 110.59(2)(a)(a) Filing date. A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. A request for a hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals. A request for a hearing that is transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and at the time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
DHS 110.59(2)(b) (b) Content of appeal. Appeals shall contain the following information:
DHS 110.59(2)(b)1. 1. The name and address of the person requesting the hearing.
DHS 110.59(2)(b)2. 2. A description of the action that is being contested and a copy of the department's order or notice of action.
DHS 110.59(2)(b)3. 3. A concise statement of the reasons for objecting to the action.
DHS 110.59(2)(b)4. 4. The type of relief requested.
DHS 110.59(2)(b)5. 5. A request for hearing.
DHS 110.59(2)(c) (c) Service on department. The person requesting a hearing shall submit a copy of the hearing request to the department the same day the request is filed with the division of hearings and appeals.
DHS 110.59(3) (3)Administrative hearing. The division of hearings and appeals shall conduct an administrative hearing under s. 227.42, Stats., and ch. HA 1. Except as provided under s. DHS 110.57 (4), a hearing shall be held with reasonable promptness and without undue delay in light of all the circumstances of the case, including the seriousness of the alleged violation and the time required for the department to complete an appropriate investigation into all the facts of the case and determine the proper enforcement action. The division shall give at least 10 days prior notification of the date, time and place for the hearing. The hearing examiner shall issue a proposed or final decision within 30 days of the hearing.
DHS 110.59 Note Note: A mailing address of the Division of Hearings and Appeals is 5005 University Ave., Suite 201, Madison, WI 53705-5400. The division's fax number is 608-264-9885. A copy of the request shall be submitted to the department at 1 West Wilson St., Room, P.O. Box 2659, Madison WI 53701-2659 or faxed to 608-261-6392.
DHS 110.59 History History: CR 10-085: cr. Register December 2010 No. 660, eff. 1-1-11.
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